[2023] KEHC 27111 (KLR)
The court found that the prosecution's evidence, particularly the testimony of PW1 who identified the accused as one of the attackers in her first report, placed the accused at the scene of the crime at the material time. Despite the defence's argument that only one witness mentioned the accused and another was not...
Source-derived case information.
- Citation
- [2023] KEHC 27111 (KLR)
- Parties
- Applicant: Republic; Defendant: Richard Akombo Gori
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2018
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer and put on his defence
- Judges
- MS Shariff
- Legal Topics
- Murder, Prima Facie Case, Burden of Proof, Criminal Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Richard Akombo Gori
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant putting him on his defence.
- 2 Whether the evidence adduced sufficiently links the accused to the offence of murder.
Ratio Decidendi
The court found that the prosecution's evidence, particularly the testimony of PW1 who identified the accused as one of the attackers in her first report, placed the accused at the scene of the crime at the material time. Despite the defence's argument that only one witness mentioned the accused and another was not called, the court held that the evidence adduced by the prosecution was sufficient to establish a prima facie case. Consequently, the accused was found to have a case to answer and was put on his defence in accordance with the legal threshold for murder charges under Section 203 as read with 204 of the Penal Code and the principles set out in Bhatt v R.
Court Disposition
accused found to have a case to answer and put on his defence
Orders
- The accused is found to have a case to answer and is hereby put on his defence.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Gori (Criminal Case 7 of 2018) [2023] KEHC 27111 (KLR) (21 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27111 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case 7 of 2018
MS Shariff, J
December 21, 2023
Between
Republic
Prosecution
and
Richard Akombo Gori
Accused
Ruling
1. The Accused person herein one Richard Akombo Gori faces a charge of murder contrary to Section 203 as read with 204 of the Penal Code Chapter 63 of the Laws of Kenya.
2. The Prosecutor has called the evidence of 4 witnesses in support of its case and it submits that it has established a prima facie case against the accused person.
3. The Accused person has filed written submissions wherein he posits that the prosecution has not established a prima facie case against the accused person and that the only evidence that mentioned the accused person was that of PW1 and another witness who was never availed to testify. Reliance has been placed on the case of Bhatt v R (1957) E. A. 332.
4. The defence further submits that the prosecution has failed to demonstrate that the accused had the nerves to commit the crime. The case of Republic v Hezrone Maina Wanga and Christopher Manyasia Lutomia has been relied upon in this regard.
5. I have considered the evidence tendered before court which places the accused on the scene of the crime at the material time and the fact that PW1 did in her first report identify the persons who had attacked her and the deceased; the accused person being one of them and I do find that the prosecution has established a prime facie case against the accused which calls for his answer thereto.
6. On the balance this court finds that the Accused person has a case to answer and is hereby put on his defence.
DELIVERED, DATED AND SIGNED AT KISUMU THIS 21ST DAY OF DECEMBER, 2023. MWANAISHA. S. SHARIFFJUDGE